West Virginia legislation · 2026 Regular Session
West Virginia HB4198: E-Verify Safe Harbor Act
Status: Passed both chambers, March 14, 2026
What the bill says
To amend and reenact §21-1B-2, §21-1B-5, and §21-1B-7 of the Code of West Virginia, 1931, as amended; and to repeal §21-1B-6, relating to the E-Verify employment verification system; providing a definition; removing certain criminal penalties; revising business-license sanctions; removing prohibition on claiming certain business-expense deductions; providing a safe harbor for an employer that uses the E-Verify employment verification system. ARTICLE 1B. VERIFYING LEGAL EMPLOYMENT STATUS OF WORKERS. §21-1B-2. Definitions. (a) "Employer" means any individual, person, corporation, departme.
From the engrossed text, February 2, 2026:
A BILL to amend and reenact §21-1B-2, §21-1B-5, and §21-1B-7 of the Code of West Virginia, 1931, as amended; and to repeal §21-1B-6, relating to the E-Verify employment verification system; providing a definition; removing certain criminal penalties; revising business-license sanctions; removing prohibition on claiming certain business-expense deductions; providing a safe harbor for an employer that uses the E-Verify employment verification system. ARTICLE 1B. VERIFYING LEGAL EMPLOYMENT STATUS OF WORKERS. §21-1B-2. Definitions. (a) "Employer" means any individual, person, corporation, department, board, bureau, agency, commission, division, office, company, firm, partnership, council or committee of the state government, public benefit corporation, public authority or political subdivision of the state or other business entity which employs or seeks to employ an individual or individuals. (b) "Commissioner" means the labor commissioner or his or her designated agent. (c) "Unauthorized worker" means a person who does not have the legal right to be employed or is employed in violation of law. (d) "Records" means records that may be required by the commissioner of labor for the purposes of compliance with the provisions of this article. (e) "Knowingly" means, with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware by documentation or action that the person's conduct is of that nature or that the circumstance exists. Failure …